Office of the President of Brazil Office of the Chief of Staff Office of the Deputy Chief for Legal Matters LAW No DATED AUGUST 5, 2003

Transcription

1 Office of the President of Brazil Office of the Chief of Staff Office of the Deputy Chief for Legal Matters LAW No DATED AUGUST 5, 2003 Provides for the National Seeds and Seedlings System and other provisions. I, the PRESIDENT OF BRAZIL, make known that the National Congress enacts and I sanction the following Law: CHAPTER I PRELIMINARY PROVISIONS Article 1. The purpose of the National Seeds and Seedlings System created under the terms of this Law and its regulations is to guarantee the identity and quality of the multiplication and vegetable material produced, sold and used in the entire national territory. Article 2. For the purposes of this Law, the following shall be defined as: I - sample: a portion representing a lot of seeds or Seedlings which is sufficiently homogeneous and correctly identified, obtained through the method indicated by the Ministry of Agriculture, Livestock and Supply - Mapa; II official sample: sample removed by tax supervisor for the purposes of inspection analysis; III - sampling: act or process for obtainment of a portion of seeds or Seedlings defined in the regulations of this Law to form a sample representing the defined field or lot; IV - sampler: Individual accredited by Mapa for performing the sampling; V storing entity: individual or legal entity which stores seeds for itself or for third parties; VI - processing: transaction carried out by physical, chemical or mechanic means for the purpose of improving the quality of a seeds lot; VII processor: Individual or legal entity which provides seed or seedlings improvement services to third parties assisted by a technician in charge; VIII - category: classification unit within a class of seeds which considers the genetic origin, quality and number of generations, as the case may be; IX seeds or seedlings certification: seeds or seedlings production process performed upon quality control in all stages of its cycle, including the knowledge of the genetic

2 origin and generation control; X - seeds or seedlings certificate: document issued by the certifier evidencing that the lot of seeds or seedlings was produced according to the established certification standards and rules; XI - certifier: Mapa or legal entity accredited to perform the certification of seeds and seedlings; XII - class: group of identification of the seed according to the production process; XIII - seller: individual or legal entity which sells seeds or seedlings; XIV - sale: the act of announcing, selling, offering, vending, consigning, repacking, importing or exporting seeds or seedlings; XV - cultivar: the variety of any superior vegetable kind or species which is clearly distinguishable from other known cultivars for a minimum margin of describers, for its own denomination, which is homogeneous and stable in relation to the describers through successive generations and refers to a species usable by the agroforestry complex described in a specialized publication available and accessible to the public, as well as the lineage composed of hybrids; XVI local, traditional cultivar or cultivar landraces: a variety developed, adapt or produced by familiar agriculturists, persons settled by agrarian reform or indigenous with well determined phenotypic characteristics recognized by the respective communities and which, at the discretion of Mapa, also considering the social-cultural and environmental describers, are not characterized as materially similar to the commercial cultivars; XVII seed holder: individual or legal entity holding the seed; XVIII inspection: exercise of the police power for the purpose of restricting acts in disagreement with the provisions of this Law and its regulations, by a Federal Agricultural and Livestock Supervisor of Mapa or by an employee of the state, municipal, or Federal District management trained to exercise the inspection and qualified by the respective councils for supervision of the professional exercise; XIX - hybrid: the result of one or more crosses under controlled conditions between progenitors of distinct and stable genetic constitution and of a defined varietal purity; XX - identity: set of information necessary for the identification of seeds or seedlings including the genetic identity; XXI genetic identity: set of genotypic and phenotypic characteristics of the cultivar which differentiates it from other; XXII - introducer: individual or legal entity which introduces for the first time in the Country a cultivar developed in another country; XXIII clone garden: set of plants, matrix, or basics used to supply multiplication material of a certain cultivar; XXIV - seeds and seedlings analysis laboratory: unit created and accredited specifically to make the analysis of seeds and issue the respective bulletin or certificate of analysis assisted by the technician in charge; XXV - supporter: Individual or legal entity responsible for making available a minimum inventory of material for propagation of a cultivar registered with the National Registry of Cultivars - RNC, conserving its characteristics of genetic identity and varietal purity;

3 XXVI - seedling: Material of vegetal propagation of any kind, species or cultivar resulting from sexual or asexual reproduction for the specific purpose of planting; XXVII certified seedling: a seedling which has been submitted to the certification process resulting from a basic plant or matrix plant; XXVIII - obtainer: Individual or legal entity obtaining a cultivar, new cultivar or an essentially derived cultivar; XXIX basic plant: plant obtained from the improvement process under the liability and direct control of the obtainer or introducer thereof maintaining its characteristics of identity and genetic purity; XXX matrix plant: plant supplying propagation material which maintains the characteristics of the Basic Plant from which it is derived; XXXI - production: the process of propagation of seeds and seedlings; XXXII seedling producer: individual or legal entity which produces with the assistence of a technician in charge a seedling for the purpose of sale; XXXIII seed producer: individual or legal entity which produces, with the assistance of a technician in charge, a seed for the purpose of sale; XXXIV propagation: the reproduction by proper seeds or the multiplication by seedlings and other vegetable structures or these actions concomitantly; XXXV - quality: set of attributes inherent to seeds or seedlings which enable to evidence the genetic origin and physical, physiological and phytosanitary condition thereof; XXXVI - repacker: individual or legal entity which repacks seeds with the assistence of a technician in charge; XXXVII technician in charge: agronomist or forestry engineer registered with the respective Regional Council of Engineering, Architecture and Agronomy Crea which is technically liable for the production, processing, repacking or analysis of seeds in all of their stages in its respective area of professional qualification; XXXVIII - seed: Material of vegetal reproduction of any kind, species or cultivar resulting from sexual or asexual reproduction for the specific purpose of seeding; XXXIX genetic seed: reproduction material obtained from the improvement process of plants under the liability and direct control of the obtainer or introducer thereof maintaining its characteristics of identity and genetic purity; XL basic seed: material obtained from the reproduction of genetic seed carried out in a way to guarantee its genetic identity and varietal purity; XLI first generation certified seed: vegetable reproduction material resulting from the reproduction of basic seed or genetic seed; XLII - second generation certified seed: vegetable reproduction material resulting from the reproduction of genetic seed, basic seed or first generation certified seed; XLIII seed for own use: quantity of vegetable reproduction material stored by the agriculturist in each crop for seeding or planting exclusively in the next crop and in its property or in another property which is possessed by it with due regard for the calculation of the quantity, the parameters registered for the cultivar with the National Registry of Cultivars - RNC;

4 XLIV - instrument of compliance: document issued by the technician in charge for the purpose of certifying that the seed or seedling was produced according to the rules and standards established by Mapa; XLV use of seeds or seedlings: use of vegetables or of parts thereof for the purpose of seeding or planting; XLV - user of seeds or seedlings: that who uses seeds or seedlings for the purpose of seeding or planting; XLVII planting and use value - VCU: intrinsic value of the combination of agronomic characteristics of the cultivar with its use characteristics in agricultural, industrial, commercial activities or consumption in natura. Sole Paragraph. The concepts provided for in Law No dated April 25, 1997 shall also apply as applicable if not provided to the contrary in this Law. CHAPTER II NATIONAL SEEDS AND SEEDLING SYSTEM Article 3. The National Seeds and Seedling System - SNSM comprises the following activities: I national registry of seeds and seedlings - Renasem; II national registry of cultivars - RNC; III seeds and seedling production; IV - seeds and seedlings certification; V - seeds and seedlings certification; VI sale of seeds and seedlings; VII inspection of the production, processing, sampling, analysis, certification, storage, transportation and sale of seeds and seedlings; VIII use of seeds and seedlings; Article 4. It shall be incumbent upon Mapa to promote, coordinate, regulate, supervise, audit and inspect the action resulting from this Law and its regulations. Article 5. It shall be incumbent upon the States and the Federal District to create supplementary rules and procedures relating to the production of seeds and seedlings, as well as to exercise the inspection of the state sale. Sole Paragraph. The inspection of the state sale of seeds and seedlings may be carried out by Mapa, whenever requested by the Federation unit. Article 6. It shall be exclusively incumbent upon Mapa the inspection of the interstate and international sale of seeds and seedlings.

5 CHAPTER III NATIONAL REGISTRY OF SEEDS AND SEEDLINGS Article 7. The National Registry of Seeds and Seedlings Renasem is hereby created at Mapa; Article 8. The individuals and legal entities exercising the activities of production, processing, package, storage, analysis, sale, import and export of seeds and seedlings are required to register with Renasem. 1. Mapa shall accredit with Renasem individuals and legal entities meeting the requirements provided for in the regulations of this Law to exercise the activities of: I - technician in charge: II - seeds and seedlings certification entity; III certifier of seeds or seedlings of own production; IV - seeds and seedlings analysis laboratory: V - seeds and seedlings sampler; 2. The individuals or legal entities importing seeds or seedlings for own use in their property or in properties of third parties under their possession are dismissed from registering with Renasem, with due regard for the conditions established in the regulations of this Law. 3. The family agriculturists, the persons settled by agrarian reform and indigenous people which multiply seeds or seedlings for distribution, exchange or sale among themselves are exempted from registering with Renasem. Article 9. The public services resulting from the registration or accreditation with Renasem shall be remunerated by the price regime of specific public services, and Mapa shall fix the amounts and manners of collection for the activities of: I seeds producer; II seedling producer; III seeds processor; IV seeds repacker; V seeds storing entity; VI seller of seeds; VII seller of seedlings; VIII - seeds and seedlings certifier; IX - seeds and seedlings analysis laboratory: X - sampler: XI - technician in charge: Sole Paragraph. The individual or legal entity exercising more than one activity shall pay only the amount referring to the greater annual fee and greater registration or accreditation fee in the activities developed by it.

6 CHAPTER IV NATIONAL REGISTRY OF CULTIVARS Article 10. The National Registry of Cultivars RNC and the National Record of Registered Cultivars - CNCR are hereby created at Mapa; Sole Paragraph. CNCR is the record of cultivars registered with RNC and their supporters. Article 11. The productionprocessing and sale of seeds and seedlings are conditioned upon the prior registration of the respective cultivar with RNC. 1. The registration of the cultivar shall be single. 2. The permanence of the registration of a cultivar with RNC shall be conditioned upon the existence of at least one supporter, except for the cultivars the propagation material of which depends exclusively on import. 3. Mapa may accept more than one supporter of the same cultivar registered with RNC, provided that it proves to have technical conditions to ensure the maintenance of the cultivar. 4. The supporter which for any reason ceases to provide the basic material or guarantee the characteristics of the cultivar declared upon the registration thereof with RNC shall have its name excluded from the registration of the cultivar with CNCR. 5. In the case of a protected cultivar under the terms of Law No dated April 25, 1997, the registration shall be made by the obtainer or a legally authorized attorneyinfact. 6. The registration with RNC of a local, traditional cultivar or cultivar landraces used by family agriculturists, persons settled by agrarian reform or indigenous people is not mandatory. 7. The regulations of this Law shall establish the criteria for permanence or exclusion of a registration with RNC of the cultivars under public domain. Article 12. The name of the cultivar shall be required for the identification thereof and shall be used as its generic name and for the purposes of registration shall comply with the following criteria: I it shall be single and it shall not be expressed only in the numeric form; II it shall be different from a name of a preexisting cultivar; III it shall not induce into error in regards to the intrinsic characteristics or the origin of the cultivar. Article 13. Mapa shall enact a specialized publication for disclosure of the National Record of Registered Cultivars. Article 14. The registrations of cultivars already existing with RNC on the date of publication of this Law are hereby validated provided that, within the term of one hundred and eighty (180) days, the interested ones comply with the provisions of article 11. Article 15. Mapa shall establish rules for determining the planting and use value VCU relating to each vegetable kind for registration of the respective cultivars with RNC.

7 Article 16. The registration of a cultivar with RNC may be canceled or suspended as provided for in the regulations of this Law. Article 17. The public services resulting from the registration with RNC shall be remunerated by the price regime of specific public services and Mapa shall fix the amounts and forms of collection. CHAPTER V PRODUCTION AND CERTIFICATION Article 18. Mapa shall organize the seeds and seedlings production system in the entire Brazilian territory, including the certification process in the manner provided for in the regulations of this Law. Article 19. The production of seeds and seedlings shall be under the liability of the seeds and seedlings producer registered with Renasem, which shall care for the control of identity and quality. Sole Paragraph. The guarantee of the minimum germination standard shall be ensured by the holder of the seed, whether a producer, seller or user as provided for in the regulations of this Law. Article 20. The identity and quality standards of seeds and seedlings established by Mapa and published in the Federal Official Gazette shall be valid in the entire Brazilian territory. Article 21. The seeds and seedlings producer shall be required to identify them and shall include in the respective package, stamp, label or identification tag the specifications established in the regulations of this Law. Article 22. The seeds and seedlings shall be identified with the name Seed of or Seedling of plus the common name of the species. Sole Paragraph: The seeds and seedlings produced under the certification process shall be identified with the name of the categories established in article 23 plus the common name of the species. Article 23. In the certification process, the seeds and seedling may be produced according to the following categories: I - genetic seed; II - basic seed; III - first generation certified seed - C1; IV - second generation certified seed - C2; V - basic plant; VI - matrix plant; VII - certified seedling; 1. The second generation certified seed - C2, first generation certified seed - C1 and the basic seed shall be respectively obtained by the reproduction of at most one generation of the immediately prior category in the list of categories included in the main provision.

8 2º. Mapa may authorize more than one generation for multiplication of the basic seed category considering the peculiarities of each vegetable species. 3. The production of basic seed, first generation certified seed - C1, second generation certified seed - C2 shall be conditioned upon the previous registration of the production fields with Mapa, with due regards for the rules and standards relating to each species. 4. The production of certified seedlings is conditioned upon the prior registration of the clone garden of the matrix plant and the basic plant as well as the respective production greenhouse at Mapa, with due regard for the relevant rules and standards. Article 24. The seeds production of the non-certified class with evidenced genetic origin may be carried out for at least two generations from certified seeds, whether basic or genetic, conditioned upon the prior registration of the production fields with Mapa and compliance with the rules and standards established in the regulations of this Law. Sole Paragraph. At the discretion of Mapa, the seeds production provided for in this article may be carried out without evidencing the genetic origin whenever there is no technology available for the production of genetic seed of the respective species. Article 25. The registration of the cultivar seed and seedlings production protected under the terms of Law No of 1997 may only be made upon express authorization of the holder of the ownership right to the cultivar. Article 26. The production of non-certified seedling shall comply with the provisions in the regulations of this Law. Article. 27. The certification of seeds and seedlings shall be made by Mapa or by an accredited legal entity pursuant to the regulations of this Law. Sole Paragraph. The seeds and seddligns producer shall be entitled to certify its own production, provided that accredited by Mapa pursuant to 1 of article 8 of this Law. CHAPTER VI SEEDS AND SEEDLINGS ANALYSIS Article 28. The analysis of seeds and seedlings samples shall be made according to the methodology made official by Mapa. Article 29. The analysis of seeds and seedlings samples shall only be valid for the purposes provided for in this Law when made directly by Mapa or by a laboratory accredited or recognized by it. Sole Paragraph. The results of the analysis shall only be accounted for purposes of inspection when obtained from official samples analyzed directly by Mapa or an official laboratory accredited by it. CHAPTER VII DOMESTIC SALE Article 30. The sale and transportation of seeds and seedlings shall be conditioned upon compliance with the identity and quality standards established by Mapa.

9 Sole Paragraph. In emergency situations and for a definite term, Mapa may authorize the sale of propagation material with identity and quality standards below the minimum established. Article 31. The seeds and seedlings shall be identified with designation of its category in the form established in article 23 and shall, whenever transported, sold or stored, be accompanied by the tax invoice or the producer invoice and the seed certificate or the instrument of compliance as defined in the regulations of this Law. Article 32. The sale and transportation of seeds treated with chemical products or pesticide shall comply with the regulations of this Law. CHAPTER VIII INTERNATIONAL SALE Article 33. The seeds and seedlings production intended for international sale shall comply with the specific rules established by Mapa with due regards for the requirements and agreements and treaties governing international sale or those established with the importing country, as the case may be. Article 34. Only seeds and seedling registered with the National Registry of Cultivars may be imported. Sole Paragraph. The cultivars imported for the purpose of research, planting and use value trials or re-exportation are exempted from registration with RNC. Article. 35. The imported seed or seedling shall be accompanied by the documentation provided for in the regulations of this Law. 1. The imported seed or seedling shall not without the previous authorization of Mapa be used even if partially for purposes different from those causing the import thereof. 2. The imported seeds or seedlings whenever rejected shall, at the discretion of Mapa, be returned, re-exported, destroyed or used for another purpose. CHAPTER IX USE Article 36. It shall be incumbent upon Mapa to guide the use of seeds and seedlings in Brazil for the purpose of avoiding the undue use and losses to the Brazilian agriculture as established in the regulations of this Law. CHAPTER X INSPECTION Article. 37. The individuals or legal entities which produce, improve, analyze, pack, repack, sample, certify, store, transport, import, export, use or sell seeds and seedlings shall be subject to inspection by Mapa.

10 1. The inspection mentioned in this article shall be incumbent upon Mapa and shall be exercised by a supervisor trained by it without prejudice to the provisions of article 2. It shall be incumbent upon the supervisor to exercise the inspection of the production, processing, sale and use of seeds and seedlings, being entitled in the exercise of its duties to free access to any establishments, documents or persons mentioned in the main provision. Article 38. Mapa may decentralize, upon agreement or covenant with public entities, the performance of the inspection service mentioned in this Law pursuant to its regulations. Sole Paragraph. The delegation of authority provided for in the main provision shall be subject to regular audits executed by Mapa as established in the regulations of this Law. Article 39. Every seed or seedling whether packed or in bulk, stored or in transit, identified or not shall be subject to inspection in the form provided for in the regulations. CHAPTER XI SEEDS AND SEEDLINGS COMMISSIONS Article 40. The Seeds and Seedlings Commissions are hereby created which are collegiate bodies of a consulting and advising nature to propose supplementary rules and procedures relating to the production, sale and use of seeds and seedlings. 1. The Seeds and Seedlings Commissions to be established in the Federation units shall be formed by representatives of the federal, state and municipal entities and of the private initiative bound to the inspection, research, education, technical assistance and rural expansion, production, sale and use of seeds and seedlings. 2. The composition, structure, duties and liabilities of the Seeds and Seedlings Commissions shall be established in the regulations of this Law. 3. It shall be incumbent upon Mapa to coordinate, within the domestic scope, the Seeds and Seedlings Commissions. CHAPTER XII PROHIBITIONS Article 41. The production, processing, storage, analysis, sale, transportation and use of seeds and seedlings is prohibited if in disagreement with the provisions of this Law and its regulations. Sole Paragraph. The classification of the violations of this Law and the respective penalties shall be established in the regulations.

11 CHAPTER XIII PROVISIONAL REMEDIES AND PENALTIES Article 42. In the course of the tax actions the following provisional remedies shall be adopted according to the regulations of this Law: I suspension of sale; or II interdiction of the establishment. Article. 43. Without prejudice to the applicable civil and criminal liabilities, failure to comply with the provisions of this Law shall subject the individuals and legal entities mentioned in article 8 to the following penalties, whether isolated or cumulatively, as provided for in the regulations of this Law: I - warning; II pecuniary penalty; III seizure of seeds or seedlings; IV rejection of seeds or seedlings; V suspension of registration with Renasem; VI cancellation of registration with Renasem; Sole Paragraph. The pecuniary penalty shall be an amount equivalent to up to two hundred and fifty percent (250%) of the commercial amount of the inspected product whenever levied on the production, processing or sale. Article. 44. The technician in charge, the sampler or certifier failing to comply with the provisions of this Law shall be subject to the following penalties, whether isolated or cumulatively, as provided for in the regulations of this Law: I - warning; II - pecuniary penalty; III suspension of accreditation; IV cancellation of accreditation. Sole Paragraph. Without prejudice to the main provision of this article, the inspecting body shall be required to immediately notify any occurrences to the respective Regional Council of Engineering, Architecture and Agronomy. CHAPTER XIV GENERAL PROVISIONS Article 45. The seeds produced according to the main provision of article 24 and named pursuant to the main provision of article 22 may be sold with the designation inspected seeds for a maximum term of two (2) years as from the date of publication of this Law.

12 Article. 46. The results of the collection mentioned in articles 9 and 17 shall be transferred to the Federal Agricultural and Livestock Fund according to the laws in effect and applied to the performance of the services mentioned in this Law pursuant to the regulations. Article. 47. Mapa is authorized to establish specific mechanism and, whenever applicable, exceptions to the provisions of this Law for regulating the production and sale of seeds of forestry species, whether native or exotic, or of medicinal or environmental interest, as well as the other species mentioned in the sole paragraph of article 24. Article. 48. With due regard for the other requirements of this Law, the establishment of restrictions to the inclusion of seeds and seedlings of local, traditional cultivar or cultivar landraces in financing programs or public programs for distribution or exchange of seeds developed jointly with family agriculturists is hereby forbidden. Article 49. Mapa shall establish the mechanisms for coordination and performance of the activities provided for in this Law. Article 50. The Executive Branch shall regulate this Law within the term of ninety (90) days as from the date of its publication. Article 51. This Law shall become effective within the term of ninety (90) days as fromthe date of its publication. Article 52. Law No dated December 19, 1977 is hereby revoked. Brasília, August 5, 2003; 182nd of Independence and 115th of the Republic of Brazil. LUIZ INÁCIO LULA DA SILVA Roberto Rodrigues This text does not replace the original published in the Federal Official Gazette Section 1 of August 6, 2003